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HCCJ. Attorney’s fees from the perspective of the ”quota litis” pact

High Court of Cassation and Justice has ruled that the fee agreed by the parties in legal aid contract, consisting of a fixed amount and a success fee representing a percentage of the total compensation to be determined and charged, does not qualify it as a ”quota litis” pact (prohibited by art. 130 of the Legal Profession). In this case, the High Court held that the parties have expressly agreed that the success fee is part of the total fee set, in order to be returned in case they lost, the payable in this case is only the fixed amount specified in the contract, so it is excluded that there would be a ”quota litis” pact that involves fixing totality fee only on the judicial outcome of the case. (Decision no. 2501 from July 1, 2014 pronounced in appeal of Civil Section II of the High Court of Cassation and Justice covering claims)

:: The source: JURIDICE.ro

Ingrid-Andra BUSUIOC

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